Bill Text: HI SB909 | 2018 | Regular Session | Amended
Bill Title: Relating To Energy Assurance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-03-15 - Received notice of discharge of conferees (Hse. Com. No. 385). [SB909 Detail]
Download: Hawaii-2018-SB909-Amended.html
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THE SENATE |
S.B. NO. |
909 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ENERGY ASSURANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 125C, Hawaii Revised Statutes, is amended by adding to part I three new sections to be appropriately designated and to read as follows:
"§125C- Information and analysis required for state energy planning, energy assurance planning, and energy supply risk assessment and resilience planning. (a) The department, with its own staff and agents whom the director designates as authorized representatives, shall use the information, including confidential information, received from all sources solely to effectuate the purposes of this chapter, chapter 127A, and chapter 196.
(b) The director shall conduct systematic quantitative and qualitative analyses of the State's energy resources that the director determines are necessary to:
(1) Assess and report on any actual or potential energy supply disruption or shortage that threatens to impair the public health, safety, and welfare and to preserve the lives and property of the people of the State;
(2) Produce energy ecosystem assessments to determine risks, vulnerabilities, criticalities, interdependencies, impacts, consequences, and mitigation strategies related to any actual or potential emergency or disaster impacting the State;
(3) Develop an understanding of causes and effects of transitional issues and trends related to changes in the State's energy resources, systems, and markets;
(4) Establish and maintain baseline data and information on Hawaii's statewide energy resources, systems, and markets, and their relationships to energy investment decisions and the economy in support of measures to increase energy resiliency, reduce vulnerabilities, and preserve Hawaii's energy security;
(5) Develop energy assurance and emergency response plans and measures, which in the event of an actual energy shortage or supply disruption, are used to determine and recommend what, if any, emergency government intervention may be necessary and appropriate, and to implement and evaluate the effectiveness of such emergency intervention while promoting informed, transparent, and defensible decision making; and
(6) Produce other relevant energy analyses that the director deems necessary to administer the energy planning, energy emergency planning, energy assurance planning, and energy security policies pursuant to this chapter, and other activities in support of the director's role and responsibilities pursuant to chapters 127A and 196 and other relevant laws.
§125C- Confidential information. (a) All confidential information received by the director shall be afforded all the protections available under chapter 92F and other applicable law and shall be held in confidence by the director and the director's staff and agents, or aggregated for the purposes of dissemination in the event of a shortage or state of emergency to the extent necessary in the director's discretion to ensure confidentiality as authorized by chapter 92F.
(b) The director and the director's staff and agents shall preserve the confidentiality and protection of all information received by the director to the extent authorized by law and, by application and extension of any other agency's respective safeguards, protect and prevent the unauthorized further release of the information. Receiving agencies shall afford any shared information the protections from disclosure provided for under chapter 92F.
(c) Unless otherwise provided by law, with respect to information that is confidential or exempt from disclosure under chapter 92F that the director obtains, purchases, receives, or otherwise acquires, neither the governor nor the director, nor the staff and agents thereof, shall do any of the following:
(1) Use the confidential information for any purposes other than the purposes for which it was acquired;
(2) Make any publication whereby the confidential information furnished by any person can be identified; or
(3) Permit any person other than the governor, the director, the director's staff, and agents thereof to examine any confidential information, individual reports, or statements acquired.
§125C- Definitions. As used in this chapter, unless the context otherwise requires:
"Agent" means a person who is designated by the director as an authorized representative.
"Dealer" means any person engaged in the retail sale of fuel in Hawaii.
"Department" means the department of business, economic development, and tourism.
"Director" means the director of business, economic development, and tourism, who is the state energy resources coordinator pursuant to section 196-3, and the governor's authorized representative for energy.
"Distributor" means:
(1) Every person who refines, manufactures, produces, or compounds fuel in the State and sells it at wholesale or at retail;
(2) Every person who imports or causes to be imported into the State, or exports or causes to be exported from the State, any fuel;
(3) Every person who acquires fuel through exchanges with another distributor; or
(4) Every person who purchases fuel for resale at wholesale or retail from any person described in paragraph (1), (2), or (3);
provided that "distributor" shall not include a marina, lessee dealer-operated station, owner-operated station, or other retailer that retails fuel only to end users or the public.
"Electricity" means all electrical energy produced by combustion of any fuel, or generated or produced using wind, the sun, geothermal heat, ocean water, falling water, currents, and waves, or any other source.
"Energy" means work or heat that is, or may be, produced from any fuel or source whatsoever.
"Energy resources" means fuel, and also includes all electrical or thermal energy produced by combustion of any fuel, or generated or produced using wind, the sun, geothermal heat, ocean water, falling water, currents, and waves, or any other source.
"Fuel" means fuels, whether liquid, solid, or gaseous, commercially usable for energy needs, power generation, and fuels manufacture, that may be manufactured, grown, produced, or imported into the State or that may be exported therefrom, including petroleum, petroleum products and gases to include all fossil fuel-based gases, coal tar, vegetable ferments, biomass, municipal solid waste, biofuels, hydrogen, agricultural products used as fuels and as feedstock to produce fuels, and all fuel alcohols.
"Major energy marketer" means any person who sells energy resources in amounts determined by the director as having a major effect on the supplies of, or demand for, energy resources.
"Major energy producer" means any person who produces energy resources in amounts determined by the director as having a major effect on the supplies of, or demand for, energy resources.
"Major energy transporter" means any person who transports energy resources in amounts determined by the director as having a major effect on the supplies of, or demand for, energy resources.
"Major energy user" means any person who uses energy resources in the manufacture of products or for the generation of electricity in amounts determined by the director as having a major effect on the supplies of, or demand for, energy resources.
"Major fuel storer" means any person who stores fuels in amounts determined by the director as having a major effect on the supplies of, or demand for, energy resources."
SECTION 2. Chapter 125C, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"CHAPTER 125C
[PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF
PETROLEUM PRODUCTS] ENERGY ASSURANCE AND FUEL SECURITY"
SECTION 3. Section 125C-1, Hawaii Revised Statutes, is amended to read as follows:
"§125C-1
Findings and purpose. The
legislature finds that adequate supplies of [petroleum products] energy
resources are essential to the health, welfare, and safety of the people of
Hawaii, and that any [severe disruption in petroleum product supplies for
use] actual or potential disruption or shortage of energy resources
within the State [would] could cause grave hardship, pose a
threat to the economic well-being of the people of the State, and have
significant adverse effects upon public confidence and order and effective
conservation of [petroleum products.] energy resources. The
purpose of this chapter is to grant to the governor or the [governor's
authorized representative] director the clear authority, when the
governor by proclamation declares the existence of a state of emergency in the
State or when shortages of [petroleum] fuel products occur or
are anticipated, to acquire and analyze information, including confidential
information, to conduct systematic quantitative and qualitative analyses
required for state energy planning, energy assurance planning, energy emergency
planning, and energy supply risk assessment and resilience. This authority
allows the governor or director to adequately plan and prepare for, respond to,
recover from, and mitigate against any actual or potential energy supply disruption
or shortage, and to preserve the State's energy security. Another purpose of
this chapter is to control the distribution and sale of [petroleum] fuel
products in this State, to procure such products, and to impose rules that will
provide extraordinary measures for the conservation of [petroleum] energy
resources and the allocation of fuel products and for [their] the
distribution and sale of fuel in an orderly, efficient, and safe
manner."
SECTION 4. Section 125C-2, Hawaii Revised Statutes, is amended to read as follows:
"§125C-2
"Shortage" and "state of emergency" defined. As
used in this chapter, unless otherwise indicated by the context, a
"shortage" exists whenever the governor determines that there is an
increase in the demand for any [petroleum] fuel product or there
is a decrease in the available supply for the [petroleum] fuel
product in question, or both; and [such] the decrease in the
available supply of or increase in the demand for the [petroleum] fuel
product in question, or both, may cause a major adverse impact on the economy,
public order, or the health, welfare, or safety of the people of Hawaii and may
not be responsibly managed within the [free] prevailing market
distribution system. As used in this chapter, unless otherwise indicated by
the context, a "state of emergency" means an occurrence in any part
of the State that requires efforts by state government to protect property,
public health, welfare, or safety in the event of an emergency or disaster, or
to reduce the threat of an emergency or disaster, or to supplement the local
efforts of the county. Further, the governor may, by proclamation of a
state of emergency in the State under section 127A-14, require [importers]
major energy producers, distributors, major energy marketers, major fuel
storers, major energy transporters, and major energy users of any [petroleum]
fuel or fuel product [or other fuel] to monitor and report to the
department [of business, economic development, and tourism] relevant
supply and demand data[.] and information, including confidential
information, on aspects of the State's energy resources, systems, and markets.
The governor shall review the status of a shortage within one hundred twenty
days after the governor's initial determination of a shortage as defined under
this chapter; thenceforth, the governor shall conduct a review of the shortage
to make a new determination every thirty days until a shortage no longer
exists. Further, the monitoring and reporting authorities pursuant to a
declared state of emergency in the State shall terminate under the provisions
contained in section 127A-14(d)."
SECTION 5. Section 125C-3, Hawaii Revised Statutes, is amended to read as follows:
"§125C-3
Powers in a shortage[.] or state of emergency. When a shortage
or a state of emergency in the State as defined in section 125C-2 [exists,]
has been declared by the governor, the governor or the [governor's
authorized representative,] director, to plan and prepare for, respond
to, recover from, and mitigate against any actual or potential energy supply
disruption or shortage, to preserve the State's energy security, and to
ensure that [petroleum] fuel products and energy resources
are made available to the public in an orderly, efficient, and safe manner,
may:
(1) Control the retail
distribution and sale of [petroleum] fuel products by adopting
rules that may include, but are not limited to, the following measures:
(A) Restricting
the sale of [petroleum] fuel products to specific days of the
week, hours of the day or night, odd- and even-numbered calendar days, and
vehicles having less than a specified amount of gasoline in their tanks, with
exceptions for certain designated geographical areas;
(B) Restricting
sales of [petroleum] fuel products by dealers to daily
allocations, which shall be determined by dividing the monthly allocation by
the number of selling days per month;
(C) Requiring dealers to post signs designating their hours of operation and the sell-out of daily allocation;
(D) Instituting
a statewide [rationing] shortage management plan; and
(E) Allowing for special handling for essential commercial and emergency-user vehicles;
(2) Require that a
percentage of [petroleum] fuel products, not to exceed five per
cent, be set aside to alleviate hardship; provided that aviation gasoline set
aside shall not exceed ten per cent;
(3) Purchase and
resell or otherwise distribute [petroleum] fuel products[, and
purchase and resell or otherwise distribute ethanol that is produced within the
State and can be used as a substitute for petroleum products];
(4) Temporarily suspend for the duration of a shortage or a state of emergency, standards that may affect or restrict the use of a substitute fuel to meet energy demand;
(5) Implement fuel shortage emergency response measures, including state government supply enhancement, supply management, regulatory waivers, and demand restraint measures, to assure fuel supplies for essential public service during a shortage or state of emergency;
(6) Acquire and analyze information, including confidential information, to conduct systematic quantitative and qualitative analyses required for state energy planning, energy assurance planning, energy emergency planning, and energy supply risk assessment and resilience;
[(4)] (7)
Receive, expend, or use contributions or grants in money or property, or
special contributions thereof for special purposes not inconsistent with this
chapter;
[(5)] (8)
Borrow and expend moneys needed to exercise the powers granted under this section;
[(6)] (9)
Contract in the name of the State for the purpose of implementing this chapter
or any part [thereof;] hereof; and
[(7)] (10)
Exercise the powers granted under this section to the degree and extent deemed
by the governor to be necessary, including the temporary or indefinite
suspension of all or part of the measures taken, as the governor deems
appropriate."
SECTION 6. Section 125C-4, Hawaii Revised Statutes, is amended to read as follows:
"§125C-4
Adopting, filing, and taking effect of rules. The governor or the [governor's authorized representative] director
shall adopt rules pursuant to chapter 91, to [insure] ensure that
[petroleum] fuel products and energy resources are made
available to the public in an orderly, efficient, and safe manner, to become
effective when a shortage, as defined in section 125C-2, exists. If additional
and unforeseen measures are required to [insure] ensure that [petroleum]
fuel products are distributed in an orderly, efficient, and safe manner,
the governor or the [governor's authorized representative] director
may proceed without prior notice or hearing or upon such abbreviated notice and
hearing as the governor finds practicable to adopt additional rules authorized
under this chapter with the additional rules to be effective for a period of
not longer than one hundred twenty days without renewal. Any rule so adopted
may be amended or repealed by the [governor] director without
prior notice or hearing or upon abbreviated notice and hearing prior to the
expiration of the one hundred twenty-day period; provided that no amendment
shall extend the rule beyond the original period of one hundred [and]
twenty days. To be effective after the one hundred twenty-day period, the
rules shall be adopted pursuant to chapter 91. Each rule adopted, amended, or
repealed shall become effective as adopted, amended, or repealed upon approval
by the governor and filing with the lieutenant governor. Each rule in effect
shall have the force and effect of law, but the effect of each rule may
be temporarily or indefinitely suspended by the governor by written declaration
filed with the lieutenant governor. Each rule temporarily suspended shall take
effect again immediately upon expiration of the suspension period. Each rule
indefinitely suspended shall take effect immediately upon the filing with the
lieutenant governor of the written declaration by the governor terminating the
suspension."
SECTION 7. Section 125C-6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§125C-6[]]
Petition for adoption, amendment, repeal, or suspension of rules. Any interested person may petition the governor or
the [governor's authorized representative] director requesting
the adoption, amendment, repeal, or suspension of any rule and stating reasons
therefor. The governor or the [governor's authorized representative] director
shall prescribe the form for the petitions and the procedures for their
submission, consideration, and disposition[,] and, within thirty
days after submission of the petition, shall either deny the petition in
writing, stating the governor's or the [governor's authorized
representative's] director's reasons for the denial, or grant the
petition and adopt, amend, repeal, or suspend the rule accordingly."
SECTION 8. Section 125C-8, Hawaii Revised Statutes, is amended to read as follows:
"§125C-8 Personnel; delegation of powers. (a) The director shall fulfill and effectuate the purposes of this chapter.
(b) The governor or director may appoint or employ temporary boards, agencies, officers, employees, and other persons, or any of them, for the purpose of carrying out the provisions of this chapter. All such temporarily appointed or employed officers and employees, whether or not employed by contract, shall be exempt from and not subject to nor entitled to the benefits of the provisions of chapters 76 and 88, or any other law, collective bargaining agreement, executive order, executive directive, or rule that is inapplicable to temporary employees of the State."
SECTION 9. Section 125C-9, Hawaii Revised Statutes, is amended to read as follows:
"[[]§125C-9[]]
Investigations, information collection, and surveys. The governor or the [governor's authorized
representative] director may make investigations, collect
information, including confidential information, and conduct surveys
for the purpose of ascertaining facts to be used in administering this chapter,
and in making the investigations, collecting the information, and conducting
the surveys, may require the making, filing, or keeping of applications,
schedules, records, reports, or statements, under oath or otherwise, administer
oaths, take evidence under oath, subpoena witnesses, and require the production
of books, papers, and records. Witnesses shall be allowed their fees and
mileage as in cases in the circuit courts. The circuit court of any circuit or
judge thereof may enforce by proper proceedings the attendance and testimony of
any witness subpoenaed to appear within the circuit, or the production of
books, papers, and records."
SECTION 10. Section 125C-10, Hawaii Revised Statutes, is amended to read as follows:
"[[]§125C-10[]]
Fraud; [misdemeanor.] penalties. Any person required by the governor or the [governor's
authorized representative,] director, pursuant to [section
125C-9,] this chapter, to make, keep, or file any
application, schedule, record, report, or statement, whether or not under oath,
who intentionally makes, files, or keeps a false or fraudulent application,
schedule, report, or statement or intentionally conceals therein any material
fact, and any person who in any other manner intentionally deceives or attempts
to deceive the governor or the [governor's authorized representative] director
with respect to any fact to be used in administering this chapter, and any
person who intentionally fails to observe and comply with any rule [promulgated]
adopted under this chapter, shall be [guilty of a misdemeanor.] assessed
a civil penalty of not more than $10,000 per violation."
SECTION 11. Chapter 125C, Hawaii Revised Statutes, is amended by amending the title of part II to read as follows:
"PART II. HARDSHIP SET-ASIDE AND ALLOCATION
OF [PETROLEUM] FUEL PRODUCTS DURING A SHORTAGE"
SECTION 12. Section 125C-21, Hawaii Revised Statutes, is amended to read as follows:
"§125C-21
Definitions. ["Petroleum] As used in this chapter and for
the purposes of this part:
"Fuel product"
means any fuel subject to the set-aside system described in this chapter,
including heating oils, [light and heavy diesel oil,] all
classifications of diesel fuels, motor gasoline[,] and all blends
of motor gasoline with other fuel products, propane, butane, residual fuel
oils, kerosene, naphtha, biodiesel, ethanol, suboctane motor fuel, and
aviation fuels used for emergency and essential intrastate air transport
services, but excluding all other aviation fuels.
"Prime supplier" means any individual, trustee,
agency, partnership, association, corporation, company, municipality, political
subdivision, or other legal entity [which] that makes the
first sale of any [liquid fossil] fuel product into the state
distribution system for consumption within the State."
SECTION 13. Section 125C-22, Hawaii Revised Statutes, is amended to read as follows:
"§125C-22
When set-aside required. When a
shortage or a state of emergency as defined in section 125C-2 exists,
all prime suppliers shall set aside supplies of each [petroleum] fuel
product for which there is a shortage. The amount set aside shall be in
accordance with [the] any rules adopted by the [state energy
resources coordinator.] director."
SECTION 14. Section 125C-23, Hawaii Revised Statutes, is amended to read as follows:
"§125C-23
Set-aside system. The [state
energy resources coordinator] director shall adopt rules
establishing a [petroleum] fuel products set-aside system. The
purpose of this system shall be:
(1) The protection of public health, safety, and welfare;
(2) The maintenance of public services, utilities, and transportation, including emergency and essential intrastate air and maritime transport services;
(3) The maintenance of
critical agricultural and aquaculture operations[, including
farming, horticulture, dairy, fishing,] and related services;
(4) The preservation
of economically sound and competitive industry, through the equitable
acquisition and distribution of [petroleum] fuel products; and
(5) The promotion of
efficiency[,] and conservation, with minimum economic
disruptions, during a shortage of [petroleum] fuel products.
The rules establishing the set-aside system shall be adopted in accordance with chapter 91."
SECTION 15. Section 125C-31, Hawaii Revised Statutes, is amended to read as follows:
"[[]§125C-31[]
Biennial state] State energy [emergency preparedness] assurance
plan. (a) The department [of
business, economic development, and tourism] shall prepare a comprehensive
and integrated [biennial] state energy [emergency preparedness] assurance
plan to be implemented in the event of[,] a state of emergency,
or in anticipation[,] of a change in the State's [petroleum] energy
supply or demand situation that is judged by the governor or director to
be unmanageable by the [free market.] prevailing markets. The
department [of business, economic development, and tourism] shall prepare
a [biennial] state energy [emergency preparedness] assurance
plan [in every even-numbered year] in accordance with the following:
[(1) The
biennial state energy emergency preparedness plan shall replace the energy
emergency plan developed by the energy resources coordinator, who shall act as
the governor's authorized representative under this chapter;
(2)] (1)
In preparing the [biennial] state energy [emergency preparedness]
assurance plan, the department shall:
(A) Solicit
input, comment, and review from [the governor's energy emergency
preparedness advisory committee composed of representatives of federal, state,
and county governments; private energy suppliers; consumer and other public
interest groups; and the public at-large;] key stakeholders, including
public, private, and non-profit sector organizations at the county, state, and
federal levels; and
(B) Establish [other]
task forces and advisory groups, as may be deemed necessary, to assist in the
preparation and review of the [biennial] state energy [emergency
preparedness] assurance plan;
[(3)] (2)
The [biennial] state energy [emergency preparedness] assurance
plan shall be comprehensive and encompassing, and shall integrate into its
analytic and planning framework the plans of electric and gas utilities and
other energy suppliers, relevant state agencies, [including the department
of transportation,] counties, and such other entities as deemed
appropriate; and
[(4)] (3)
The [biennial] state energy [emergency preparedness] assurance
plan shall include a review and update of the previous [biennial] state
energy [emergency preparedness] assurance plan and [a review
of the energy emergency plans prepared by the counties.] shall be
prepared or updated as determined by the director to be necessary to comport
with changes in federal or state overall emergency management policies and
plans that significantly affect the State's energy assurance plan or as
warranted by changes in Hawaii's energy security.
(b) The
department shall prepare an energy emergency communication plan, which shall be
[updated biennially] part of the state energy assurance plan and
shall be consistent with [the energy emergency preparedness] any
other energy emergency management plans prepared by the counties[.] and
the State. The energy emergency communication plan shall be used by the [State
and counties] department to communicate and otherwise coordinate [state
and county] actions taken in response to implementing the [biennial]
state energy [emergency preparedness] assurance plan."
SECTION 16. Section 125C-32, Hawaii Revised Statutes, is amended to read as follows:
"[[]§125C-32[]
Biennial county] County energy emergency
preparedness plans. The mayor of each county, or the mayor's authorized
representative, shall [prepare a comprehensive] be responsible for
preparing a county energy emergency preparedness plan. The plan shall be
prepared in coordination with and be consistent with the [biennial]
state energy [emergency preparedness] assurance plan[,]
and shall be implemented in coordination with the state energy [emergency
preparedness] assurance plan upon declaration of [an energy
emergency by the governor. Not later than September 30 of every even-numbered
year, each county shall prepare and transmit to the director of business,
economic development, and tourism the county's biennial county energy emergency
preparedness plan.] a shortage or a state of emergency."
SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 18. This Act shall take effect upon its approval.
Report Title:
Energy Assurance; Energy Resources; Energy Emergency Preparedness; Petroleum Shortage
Description:
Addresses deficiencies in Hawaii's fuel shortage response and energy emergency (energy assurance) statutes; provides policy guidance on preparing for, responding to, recovering from, and mitigating against any actual or potential energy supply disruption or shortage to preserve the State's energy security and to ensure that fuel products and energy resources are made available to emergency services and the public in an orderly, efficient, and safe manner. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
